Exporting prohibited and restricted goods

The Australian Government controls the export of certain goods from Australia. The controls include:

an absolute prohibition, where you are not allowed to export the goods in any circumstances, or

a restriction, where you need to have written permission to export the goods.

This website provides general guidance only on export control. It describes:

goods that are prohibited or restricted

where to send a request to export your goods

where to obtain more information.

For detailed information about the regulatory requirements for exporting your product, you should contact the appropriate authority before you start the export process. As an exporter, you are responsible for ensuring your goods meet the relevant requirements.

If you export prohibited or restricted goods without the relevant written permission or licence, your goods may be seized and you could face penalties of up to $525,000 or 10 years imprisonment, or both.

Asbestos (restricted export)

Description:

Asbestos refers to any of the following fibrous forms of mineral silicates from the serpentine group - chrysotile (white asbestos) and amphibole group - actinolite asbestos; amosite (brown and grey asbestos), anthophyllite asbestos, crocidolite (blue asbestos), tremolite asbestos.

The exportation of asbestos and goods containing asbestos is prohibited unless:

an exception applies:

the goods are considered to be hazardous waste as defined in section 4 of the
Hazardous Waste (Regulation of Exports and Imports) Act 1989 (HW Act). Goods of this type must be exported in line with the Act; or

a state or territory authorises the export in accordance with subregulation (3); or

an exemption has been granted by the Safety, Rehabilitation and Compensation Commission.

a permission to export has been granted:

export permission has been granted by the Minister for Employment.

Certain goods that contain asbestos and that are incorporated into other goods in a way that does not constitute a risk to users until the asbestos in the goods is disturbed, can be exported. Assurance must be provided at the border.

Permits/ exemptions issued by:

The following authorities can issue an exemption or permit in certain circumstances:

Biological agents

Description:

Certain biological agents and equipment that could be used in weapons of mass destruction programs, including equipment, facilities, technologies and materials that have a valid civil application but may be diverted for use in weapon of mass destruction programmes.

Certain chemical compounds (restricted export)

Description:

Certain chemicals, including those covered by the Chemical Weapons Convention, and related equipment, facilities, technologies and materials which have a legitimate commercial purpose may also be used in the development or production of weapons of mass destruction.

Cultural and heritage goods (restricted export)

Cultural heritage objects, also known as cultural property, include objects such as:

antiquities

art

fossils

historical documents

numismatic material

specimens of flora and fauna.

Protected cultural property objects are significant to a nation's identity.

The Australian Government is committed to the protection of Australian and international cultural property, which is protected under law.

Australian cultural and heritage goods are any object listed on the
National Cultural Heritage Control List (Control List) and are protected by the
Protection of Movable Cultural Heritage Act 1986 (PMCH Act). The Control List divides Australian protected objects into two classes:

Class A objects in Australia which cannot be exported

Class B objects in Australia which may be exported if granted an export permit in line with the PMCH Act.

Class A objects (not for export) include:

Victoria Crosses awarded to Australian recipients

All pieces of the suit of armour worn by Ned Kelly at the siege of Glenrowan in 1880

Items of Aboriginal and Torres Strait Islander heritage, such as:

sacred and secret ritual objects

human remains

rock art

dendroglyphs (carved burial and initiation trees).

Class B objects (export permit required) include:

objects of Aboriginal and Torres Strait Islander heritage that are not Class A

archaeological objects

natural science objects

objects of applied science or technology

objects of fine or decorative art

objects of documentary heritage

numismatic objects including medals that are not Class A objects

philatelic objects

as well as objects of historical significance not covered under Class A.

Defence and Strategic Goods (restricted export)

Description:

Goods included on the
Defence and Strategic Goods List. (DSGL) The DSGL covers defence and related goods as well as dual use goods and technologies that have a valid commercial application, and may also be used in the development and deployment of military systems or weapons of mass destruction programs.

More information and request to export:

The Department of Defence administers export permits for DSGL goods. More information about exporting these goods can be found on the
Defence Export Controls website under the Department of Defence.

Goods that are exported to a sanctioned country or entity may also need permission from the Minister for Foreign Affairs.

Permission is required to export certain goods from Australia to a sanctioned country or entity. These permits are administered by the Department of Foreign Affairs and Trade through the
Online Sanctions Administration System. The Department of Foreign Affairs and Trade can be contacted at
sanctions@dfat.gov.au.

Rough diamonds - Kimberley Process (restricted export)

Description:

Rough diamonds are diamonds that are unworked, or have simply been sawn, bruted or roughly shaped. They can only be exported to a country participating in the Kimberley Process Certification Scheme, and must be accompanied by an Australian Kimberley Process Certificate.

Endangered animal and plant species – CITES (restricted export)

Description:

Endangered animal and plant species include Australian native animals and plants and all products manufactured from those species, including some medicinal products, listed in the appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

Animals and plants that are described in the List of Exempt Native Specimens can be exported without a permit.

Firearms, firearm parts, accessories and ammunition of any type or calibre. Accessories include telescopic sights, magazines and cleaning equipment.

To export an item subject to these controls, exporters must first obtain authorisation from a delegated officer of the Australian Government.

Replica firearms, paintball firearms and air-soft (BB) firearms do not need authorisation to export. However, they are subject to import controls on re-imported into Australia and may be subject to import controls in other countries.

For all other firearms, parts and ammunition, permission to export is administered by the Department of Defence. More information about exporting these goods can be found on the
Defence Export Controls website under the Department of Defence.

Hazardous waste (restricted export)

Description:

The exportation of hazardous waste is regulated under the
Hazardous Waste (Regulation of Exports and Imports) Act 1989 (the Act). The Department of Environment and Energy is responsible for the implementation and administration of the Act, the Department of Home Affairs enforces the controls at the border.

Hazardous waste has characteristics that are:

explosive

flammable

poisonous

toxic

ecotoxin

infectious.

Waste that has one or more of these characteristics and is listed below, is considered hazardous waste:

Pornography and other objectionable material

Description:

The exportation of objectionable goods is prohibited under Regulation 3 of the Customs (Prohibited Exports) Regulations 1958. Goods covered under Regulation 3 include material that may be Refused Classification under the National Classification Code and the
Classification (Publications, Films and Computer Games) Act 1995. This includes publications such as books, films, magazines, computer games and other written or pictorial matter. Other goods that are not subject to classification may also be prohibited exports under Regulation 3.

Objectionable goods include material that describes, depicts, expresses or otherwise deals with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in a way that would offend a reasonable adult. It also includes goods that depict children under 18 years of age in a way that would offend a reasonable adult, promote crime or violence, promote drug misuse, or advocate the doing of a terrorist act.

The determination of whether goods are objectionable will take into account the overall context of the goods in addition to certain specific characteristics. In relation to dolls manufactured for a sexual purpose, if the doll appears to be a depiction of a child under 18 years of age, the doll is considered to be objectionable and prohibited under Regulation 3. Any accessories and instructional or descriptive material (including the marketing of the product) accompanying the doll, will be taken into consideration when the age depiction of the doll is determined.

In strictly limited circumstances, the Director of the Classification Board may grant permission to export (export permit) objectionable goods. Personal use or entertainment is generally not sufficient grounds for granting a permit.

Penalties may apply to the exportation of objectionable goods. Where the goods are considered to be commercial exportations of child pornography and child abuse material, more serious penalties apply including significant fines and/or imprisonment.

Precursor substances (restricted export)

Description:

Precursor substances as listed in the Customs (Prohibited Exports) Regulations 1958 are controlled on export from Australia. Precursors are substances that can be converted into other substances that have the potential to be abused.

More information and requests to export:

The Department of Health administers export permits for precursor substances. More information on the export of these substances can be found at the
Office of Drug control.

Prescription medicines (restricted export)

Description:

Prescription medicines that are financially subsidised by the Australian Government under the Pharmaceutical Benefits Scheme (PBS).

If you are an Australian resident or eligible to receive Medicare benefits you can access the PBS. If you are an exporter, you can export a reasonable amount of PBS drugs overseas for the personal treatment of yourself or another person, such as a child or elderly relative, accompanying you.

More information and requests to export:

If you intend to export personal use PBS medicines outside Australia, complete a 'PBS Medicine Export Declaration', which is available from the
Department of Human Services website. More information about exporting PBS medication is available on that website, or call call 1800 500 147.

Sanctioned Exports (restricted export)

Description:

Where the United Nations Security Council (UNSC) determines the existence of a threat to the peace, breach of the peace or an act of aggression, it decides on certain measures that should be taken to maintain or restore international peace and security. The measures that do not involve the use of armed force are known as sanctions. Members of the United Nations are legally bound to carry out those measures.

The Australian Government may also impose autonomous sanctions as a foreign policy response to situations of international concern. In some cases, autonomous sanctions may be used to supplement UNSC sanctions.

Permission is required to export certain goods from Australia to a sanctioned country or entity. These permits are administered by the Department of Foreign Affairs and Trade through the
Online Sanctions Administration System. The Department of Foreign Affairs and Trade can be contacted at
sanctions@dfat.gov.au.

Security Sensitive Ammonium Nitrate (SSAN) (restricted export)

Description:

Security Sensitive Ammonium Nitrate (SSAN) is defined as:

ammonium nitrate, or

an emulsion of ammonium nitrate that is made up of more than 45 per cent ammonium nitrate, and

a mixture of ammonium nitrate that is made up of more than 45 per cent ammonium nitrate but does not include a solution of ammonium nitrate. A solution of ammonium nitrate is ammonium nitrate dissolved in water.

Suicide devices (prohibited export)

Devices designed or customised to be used by a person to commit suicide, or to be used by a person to assist another person to commit suicide.

Requests to export:

Suicide devices are prohibited from exportation; permission to export them will not be granted under any circumstances.

Toothfish

Description:

Antarctic Toothfish and Patagonian Toothfish found in sub-Antarctic waters, including waters around Australia's external territory of Heard and McDonald Islands. Applies to all fish and fish parts of this species whether fresh, frozen, smoked, preserved in airtight containers or in any other form.